Correctional officer accused of assault, cover-up

Thursday

Sep 28, 2017 at 5:08 PMSep 28, 2017 at 5:08 PM

Maj. Michael J. Baxter, 49, appeared in the U.S. District Court of North Florida on Wednesday in connection with a July 2015 attack on an inmate at the Apalachee Correctional Institution causing the inmate bodily harm, court records stated.

ZACK McDONALD News Herald Reporter @PCNHzack

PANAMA CITY — A correctional officer has been indicted by a federal grand jury on charges he assaulted an inmate and then falsified documents in a cover-up attempt, according to court records.

Maj. Michael J. Baxter, 49, appeared in the U.S. District Court of North Florida in Panama City on Wednesday to hear the charges against him. He recently was indicted by a federal grand jury in connection with a July 2015 attack on an inmate at the Apalachee Correctional Institution, causing the inmate bodily harm. Baxter, who was a correctional officer at the facility at the time, now faces charges of falsifying records and depriving an inmate of his constitutional right to not endure cruel and unusual punishment, court records stated.

Baxter, of Grand Ridge, could not be reached for comment. It was unclear how long Baxter had been employed with the Florida Department of Corrections (FDOC), but he has a criminal arrest history dating back to 1993, according to Jackson County court records.

The victim’s name in the most recent criminal allegation has been released in court documents only by his initials, D.G.

Few details of the assault were revealed in the Sept. 12 grand jury indictment. However, the grand jury found Baxter violated the inmate’s constitutional right in July 2015 to not be subjected to cruel and unusual punishment by assaulting him and striking him, which resulted in bodily harm, court records stated.

Afterward, Baxter wrote false statements in his use of force report and incident report with the intention of obstructing justice, the grand jury found.

In his report, Baxter claimed the inmate approached him and then struck his head against Baxter’s forehead. The inmate then again “aggressively charged” to again attack the correctional officer, prompting Baxter to defend himself, Baxter claimed.

“Baxter had to punch D.G. ‘in an attempt to compel him to cease his forward advance toward’ Baxter,” officials quoted Baxter from his allegedly falsified reports. “D.G. was ‘attempting to strike us with closed fists and was violently kicking his legs in the direction of us all.’ ”

Although the other officers involved in the incident were not identified, Baxter claimed he felt they were in “imminent danger” from the inmate’s violent charges, which caused him to use force, court records stated.

The degree of injuries suffered by the inmate was unclear.

At the time of his arraignment on the charges Wednesday, Baxter was placed under arrest. A tentative court date has been scheduled for Dec. 4.

According to reports from the U.S. Attorney’s Office, the FDOC is participating in the investigation of the attack alongside other law enforcement agencies.

Secretary Julie Jones, of FDOC, said in an email the incident does reflect correctional officers across the state.

“The indictment does not in any way represent the thousands of FDOC officers who work bravely and diligently to ensure the security and safety of the individuals in our custody,” Jones wrote. “We thank our law enforcement partners for their assistance and hard work throughout this investigation.”

FDOC did not immediately respond to a request for information about Baxter’s employment history with FDOC. Court records indicate he has been arrested since 1993 on felony charges of battery and aggravated assault. Baxter was also charged with misdemeanor stalking charges on two occasion, one in 1996 and another in 2000. All of the charges were abandoned by prosecutors not long after being filed.

It’s unclear if any incidents occurred during Baxter’s tenure with FDOC and if any previous incidents involving inmates have occurred in the past.

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